CONTRACT: Intention 0.0 / 5 ? LawContract lawA2/A-levelOCR Created by: em.101Created on: 12-10-17 19:41 What are the two distinctions of agreement? (1) Social & Domestic (2) Commercial 1 of 26 In Social & Domestic agreements..... PRESUMPTION there is no intention to create LEGAL RELATIONS 2 of 26 Exceptions to social & domestic relationships (4) (1) Proof: letters (2) Separated (3) Gambling (4) Intention through conduct 3 of 26 In a Commercial context..... PRESUMPTION that the parties HAVE INTENTION to create legal relations 4 of 26 Exceptions to Commercial Relationships (2) (1) Gentlemen's agreement (2) Comfort letter 5 of 26 Define "Binding in honor only" (HPC/ "GA") terms included that show parties DO NOT intend to be bound, therefore CAN'T ENFORCE PAYMENT. 6 of 26 Comfort Letter Written assurance of a party's INTENTION to perform his/ her contractual obligations. However, this is NOT BINDING, therefore CAN'T ENFORCE PAYMENT 7 of 26 Another term for 'exception'? Rebutted (rebuts the presumption) 8 of 26 Jones v Padavatton (bar exams- daughter in house) A domestic relationship shows no intention 9 of 26 Buckpitt v Oaks A contract between 2 friends shows no intention 10 of 26 Balfour v Balfour (husband&wife) A domestic relationship shows no intention 11 of 26 Darke v Strout (letter) Even in a domestic relationship, intention can be shown through EVIDENCE TO THE CONTRARY 12 of 26 Merritt v Merritt (couple separated) Agreement made when couple separated, so there WAS intention 13 of 26 Simpkins v Pays (gambling) In gambling situations, there is ALWAYS intention 14 of 26 Parker v Clark (swingers house) There IS intention as long as there is proof someone RELIED ON THE AGREEMENT 15 of 26 Esso Petroleum v Commissioners of Customs & Excise (gold coins) Goods offered in commercial context, so BOTH PARTIES intended to be bound 16 of 26 Edwards v Skyways (private pilot) Commerical= both parties show intention 17 of 26 Frank & Rose v Crompton Bros (HPC) "Binding in Honour only" (HPC) REBUTS presumption that COMMERCIAL contracts show intention 18 of 26 Ferrera v Littlewoods Pools / Jones v Vernons Pools HPC (bio) means you CAN'T enforce payment 19 of 26 Kleinwort Benson v Malaysia Mining Corporation Comfort letters: doesn't rebut presumption that parties don't intend to be bound (commercial) 20 of 26 Coward v Motor Insurance Bureau Insurance wouldn't pay out as it was a domestic relationship 21 of 26 Albert v Motor Insurance Bureau Insurance had to be pay out as there was a regular course of dealings (=commercial context) 22 of 26 Snelling v Snelling domestic relationships show INTENTION when in a BUSINESS together as it becomes COMMERCIAL 23 of 26 How many cases are there for the distinction between 'S & D' and 'Commercial'? 3!! C v MIB // A v MIB // S v S 24 of 26 How many cases (+ exceptions) are there for S & D? 3 + 4E ! JvP // BvO // E= MvM // SvP // PvC 25 of 26 How many cases (+ exceptions) are there for Commercial? 2+ 4E ! EvS // EPvCCE // E= RFvCB // FvLP // JvVp // KBvMM 26 of 26
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